Your side of the story.

In a personal injury case, the question of who is most responsible always comes up. The responsible party is usually liable for paying the injuries and damages for the injured party. Your Langley injury lawyer can rely on several methods for proving that the other party was responsible for the accident.

One of the most used arguments in personal injury cases to prove liability that could possibly be used by your Langley injury lawyer is negligence. Negligence has several elements that must be proved. Without proving this, your lawyer may have a tough time getting a settlement or winning a lawsuit.

The first element of negligence that your Langley injury lawyer will need to prove is duty. Duty says that the other party legally had the responsibility to behave in a manner that would not cause harm to others. For instance, all employers have the duty to ensure the working conditions for employees is safe. Your lawyer could point to laws to show that your employer did have this duty.

Once duty has been established, your Langley injury lawyer has to show that the actions of the other party breached this duty. For instance, if your employer failed to provide you with the safety equipment you needed to perform your job, its actions could be seen as a breach. Again, your lawyer could state laws that require the employer to make the workplace as safe as possible.

At this point, you probably feel that your case is a slam dunk. Although a lot has been established, your lawyer still has to prove two additional elements. Your lawyer still has to show that you did suffer from the actions of the other party. Using the previous example, your lawyer has to show that your employer’s failure to give you safety goggles resulted in chemicals being splashed in your face. The injury to your eyes could be directly traced back to the failure to give you goggles.

The final element that your lawyer has to prove is that you suffered actual damages. This can be proved through the submission of your medical bills, receipts, and any other expenses that you suffered. If you missed time off from work, your lawyer could provide past earnings statements to prove just how much income you missed.

If your personal injury case does not meet the elements of negligence, your lawyer may use a different method. One method is to claim that the other party acted in a manner that was intentionally harmful. For instance, if you suffered injuries after being hit by the other party, your lawyer could say that the other party intended for you to suffer. This is especially true if there was not a good reason for hitting you.

Your lawyer might also choose the strict liability method. Strict liability does not require your lawyer to show that the other party acted negligently. He only has to show that you suffered an injury that was the result of the actions of the other party. For instance, if you purchased a product and you cut yourself while using it, you could claim strict liability. In fact, this method is primarily used in cases involving defective products.

It is rare for liability to be shown in a personal injury case without evidence. Your lawyer will have to thoroughly investigate your case and find evidence that shows that you were not responsible for the accident and that you are entitled to receive financial compensation. It is important to understand that even if a case seems simple, there may be a lot of complications that can prevent an easy settlement.